Sec. 6. (a) This section applies to an action in which a final court order requires a person to pay support or maintenance payments through the clerk or the state central collection unit.

     (b) The clerk or the state central collection unit shall collect an annual support fee in addition to support and maintenance payments. The annual support fee is fifty-five dollars ($55) for each calendar year.

Terms Used In Indiana Code 33-37-5-6

  • clerk: refers to any of the following:

    Indiana Code 33-37-1-2

  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) The annual support fee required under subsection (b) is due at the time that the first support or maintenance payment for the calendar year in which the fee must be paid is due.

     (d) The clerk may not deduct the annual support fee from a support or maintenance payment.

     (e) Except as provided under IC 33-32-4-6 and IC 33-37-7-2(f), if an annual support fee is collected under this section by the clerk, the clerk shall forward the fee to the county auditor in accordance with IC 33-37-7-12(a). If an annual support fee is collected under this section by the central collection unit, the fee shall be deposited in the state general fund.

     (f) Income payors required to withhold income under IC 31-16-15 shall pay the annual support fee required by subsection (b) through the income withholding procedures described in IC 31-16-15.

[Pre-2004 Recodification Citation: 33-19-6-5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.508; P.L.146-2006, SEC.59 and P.L.148-2006, SEC.33; P.L.103-2007, SEC.49; P.L.128-2012, SEC.181; P.L.150-2018, SEC.22.